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What should I do if I am sued for damages over a copyright violation?

For my parents' restaurant business, I found food photos on the Internet and posted them on a food company's website. I did not even know who the copyright holder was, and I posted them simply to promote the shop. However, the other party filed a civil suit against me for a copyright violation. In such a case, how should I best respond? Is a claim for damages even possible over something like this?

Answer

Published: 2023-03-29

Author : Kuk Il KIM

Yes, it is possible.

However, the photograph in question must be a creative work eligible for legal protection, and the person who posted it must have been aware that they were posting it without permission.

What are copyright and a copyrighted work?

“Copyright” refers to the right that a creator holds in a “work,” such as a poem, music, a film, or a computer program, and a “work” means a creative production that expresses human thoughts or emotions.

Subject matter protected by the Copyright Act

Therefore, if the photographs you posted on the website clearly reflect the photographer's individuality and creativity, they constitute creative works protected under the Copyright Act.

Accordingly, if you used those photographs without authorization, this may constitute a copyright violation.

Even if you did not know who the copyright holder was at the time of posting, if you were aware that you were posting another person's work without permission, it may constitute a copyright violation.

Because a copyright holder may claim damages from anyone who infringes copyright, whether intentionally or by mistake, it is advisable to respond with the assistance of an attorney.